Patna High CourtCR. MISC./71143/2024bail granted

Alok Kumar v. The State Of Bihar

2024-09-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71143 of 2024 Arising Out of PS. Case No.-262 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Alok Kumar Son of Manoj Ram Resident of Vill- Bara Bariyarpur, P.o And P.s Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chhatauni P.S. Case No. 262 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person on the point of knife snatched Rs. 500/- and mobile phone from the informant. The accused persons tried to fled away from the spot but was apprehended by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is alleged that there is recovery of Rs. 500/- and a mobile phone from the petitioner.

Patna High Court CR. MISC. No.71143 of 2024(2) dt.27-09-2024 2/2 Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged occurrence. The petitioner was only a passerby of that way and was apprehended on the basis of suspicion. The petitioner is in custody since 28.06.2024 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a this Court vide order dated 31.08.2024 passed in Cr. Misc. No. 60028 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhatauni P.S. Case No. 262 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T